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For example, if you're a graduating college senior who is 21 years old and whose experience consists of a 1-semester internship, you're more competitive in the job market than someone who is 30 years old with 2 years of professional experience. Agreed?
I've seen many examples of people who aren't necessarily old but aren't very experienced for their age, and they are practically cut out of the loop of good jobs.
For example, if you're a graduating college senior who is 21 years old and whose experience consists of a 1-semester internship, you're more competitive in the job market than someone who is 30 years old with 2 years of professional experience. Agreed? .
For example, if you're a graduating college senior who is 21 years old and whose experience consists of a 1-semester internship, you're more competitive in the job market than someone who is 30 years old with 2 years of professional experience. Agreed?
I've seen many examples of people who aren't necessarily old but aren't very experienced for their age, and they are practically cut out of the loop of good jobs.
Is this what you're telling yourself? You are absolutely incorrect. Age discrimination happens. Pretending it doesn't happen, by actually trying to convince yourself that a 1 semester internship is better than 2 actual years of experience, is ridiculous.
The OP has a point. It depends on the job of course, if you want someone to do a technical job now with the potential to be a manager later, then I would compare career progression over the time of the career between candidates. Age doesn't directly matter, but of course, older people have longer careers to look at and a long career doing the exact same thing with no promotions tells me what I can expect from that employee.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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There are not many jobs where I work that have less than 4 years experience required. That is not age discrimination, we would be happy to hire a 19 year old engineer or IT developer if he/she has the experience required. Many positions will require 10-12 years experience and typically those applicants will be 30-50.
My husband has a PhD. Part of his curriculum was a business law class that was very interesting. With Age Discrimination suits, the age where the "burden of proof" shifts from the employee to the employer was 40 yrs old. Meaning, IF you have a complaint about age discrimination BEFORE the age of 40, YOU must prove the discrimination was against you because of "age". After that age, the burden of proof shifted to the employer to prove they were NOT discriminating against you because of your age. Interesting for sure.
My husband has a PhD. Part of his curriculum was a business law class that was very interesting. With Age Discrimination suits, the age where the "burden of proof" shifts from the employee to the employer was 40 yrs old. Meaning, IF you have a complaint about age discrimination BEFORE the age of 40, YOU must prove the discrimination was against you because of "age". After that age, the burden of proof shifted to the employer to prove they were NOT discriminating against you because of your age. Interesting for sure.
Sounds like the age to sue is 40 and up, if that's true.
My husband has a PhD. Part of his curriculum was a business law class that was very interesting. With Age Discrimination suits, the age where the "burden of proof" shifts from the employee to the employer was 40 yrs old. Meaning, IF you have a complaint about age discrimination BEFORE the age of 40, YOU must prove the discrimination was against you because of "age". After that age, the burden of proof shifted to the employer to prove they were NOT discriminating against you because of your age. Interesting for sure.
Under federal law workers under 40 have no age discrimination protection. There may be some state protection but it is not common.
My husband has a PhD. Part of his curriculum was a business law class that was very interesting. With Age Discrimination suits, the age where the "burden of proof" shifts from the employee to the employer was 40 yrs old. Meaning, IF you have a complaint about age discrimination BEFORE the age of 40, YOU must prove the discrimination was against you because of "age". After that age, the burden of proof shifted to the employer to prove they were NOT discriminating against you because of your age. Interesting for sure.
The professor needs some employment law education before teaching a business law class on age discrimination. As Sockeye points out in post #9, Federal law protects workers at age 40 and above. Younger workers are not protected under federal law. Also, as Sockeye points out, states (and local governments) could have their own laws that extend the protection to an age younger than 40, but those would be rare if they exist.
All of that said, the discussion about age discrimination brings to light an important issue in employment law and employment related decisions. Nearly all employment decisions involve "discrimination". A good employer should discriminate between better and worse candidates. The key, however, is that the discrimination cannot be on an unlawful basis. So choosing between a promotion for the worker who volunteered for all of the overtime and demonstrated an exceptionally good attitude over the worker who constantly was tardy, left at the minute his shift ended, and was a general P.I.T.A. to deal with, is certainly discriminatory, AND lawful. Hiring an applicant aged 35 over an applicant aged 50, both of whom have similar qualifications for the job, and preferring the younger worker because of the worker's age is also discriminatory BUT unlawful.
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